The decision-making process of arbitrators and judges is examined; differences in the forums and in their procedures are found to have an effect on decision-making. The comparisons are made in three contexts: pre-hearing, hearing, and post-hearing. Prehearing subjects include choice of forum, preparation and discovery, and prevalence of settlement. Hearing subjects include the formality of …

A survey of the pooled knowledge and experience of judges, advocates, and arbitrators; as to how decisions come into being and how they are shaped by the institutional framework within which they operates. The New York report addresses the CBA and external law , pre-hearing procedures, choice of forum and the adjudicator; pretrial preparation and …